Critical minerals are essential for advanced industries like semiconductors, electric vehicles, and batteries, as well as for clean energy infrastructure. Major countries are actively pursuing trade agreements to ensure stable supplies of these minerals. This study analyzes key countries’ trade agreements related to critical minerals and derives insights for Korea’s policies and trade negotiations. The study narrows its focus to binding trade agreements between countries.

Traditionally, mineral and energy regulations in trade agreements were declarative, but recent agreements by the U.S., EU, and Japan have introduced specific obligations and linked these to environmental and labor standards. The EU includes energy and raw materials (ERM) chapters in its trade agreements, while the U.S. tends to establish stand-alone agreements on critical minerals. The EU’s proactive engagement with resource-rich countries aims to reduce price volatility and promote fair trade, while U.S. agreements, such as with Japan, are primarily driven by the Inflation Reduction Act (IRA) electric vehicle subsidies and focus on establishing supply chains with allied nations. The U.S.-Japan Critical Minerals Agreement, for example, emphasizes the management of environmental and social risks within supply chains through well-defined environmental and labor provisions.

Based on these international trends, this study proposes the inclusion of a Raw Materials Chapter in Korea’s future Free Trade Agreements (FTAs), bench-marking the critical minerals agreements of the EU and the U.S. Specifically, this proposal aligns with the “Critical Minerals Security Strategy” announced by the Korean government in 2023, which advocates for expanded bilateral and multilateral cooperation and enhanced collaboration on critical mineral supply chains in FTA negotiations. When pursuing critical minerals agreements, Korea must carefully consider various elements such as the selection of partner countries, contents and types of agreement to pursue, and the order in which to conduct negotiations, as these factors are intricately interconnected and can influence the outcomes of other aspects.

In negotiating critical minerals agreements, several key provisions should be considered, including the definition of minerals, trade facilitation, exploration and production permits, environmental protection, labor rights, and cooperation clauses. For example, trade facilitation provisions might include prohibitions on export quotas, export tariffs, and price caps to mitigate financial risks and price volatility for companies.

The environmental and labor provisions evident in the EU-Chile FTA and the U.S.-Japan Critical Minerals Agreement are essential to aligning with the global trend of enhancing supply chain ESG standards and emphasizing responsible sourcing. It is necessary that Korea incorporates these provisions into its agreements, thereby ensuring mineral procurement is conducted in accordance with international standards. However, the adherence to international environmental and labor standards and the associated monitoring may impose additional costs on companies. Thus, a balanced approach is necessary, in hand with dialogue and coordination between the government and businesses to achieve consensus before negotiations.